Individuals accused of preventing a witness from testifying about a crime can face charges under CA Penal Code 136.1 – Dissauding or Intimidating a Witness. This law protects witnesses and victims who may fear retaliation if they testify.
Individuals convicted under PC 136.1 may face years of incarceration and high fines. The court can treat this charge as a misdemeanor or a felony, so getting legal help is essential.
A Los Angeles DUI lawyer can provide more information about PC 136.1 accusations and potential legal defenses.
Dissuading or Intimidating a Witness According to PC 136.1
The CA Penal Code 136.1 PC prohibits influencing, persuading, or attempting to influence someone to refrain from attending any legal proceeding as a victim or witness.
This charge prohibits warning the person of criminal prosecution if they testify. It is also illegal to release information that could subject anyone to hatred, contempt, or ridicule.
The legal term “dissuading or intimidating a witness” covers a broad range of conduct in which someone attempts to prevent someone from testifying. California Penal Code 136.1 PC contains three separate categories of dissuading or intimidating a witness:
- Influencing through duress, force, menace, violence, or threats of quick and unlawful bodily harm to the person or someone close to them.
- Using bribery to induce dishonesty.
- Otherwise preventing or attempting to prevent any witness or victim from appearing in court or giving their testimony.
Conduct prohibited under this law also includes making criminal threats through any form of communication, such as:
- Speeches and public statements
- Writings and notices
- Telephone calls or voice messages
A criminal defense attorney can help explain CA Penal Code 136.1 – Dissauding or Intimidating a Witness charges in more detail.
What Are Legal Proceedings Under PC 136.1?
A legal proceeding can be virtually anything that is considered an official state of affairs, including:
- Court proceedings
- Legislative committee hearings
- Administrative agency hearings
- Informal fact-finding
Attempting to stop someone from providing testimony during any legal proceeding can qualify as a criminal offense in California.
What Is the Penalty for Dissuading or Intimidating a Witness?
The court system uses different penalties for misdemeanor and felony charges under CA Penal Code 136.1 – Dissauding or Intimidating a Witness.
Misdemeanor PC 136.1 Penalties
If convicted of this crime as a misdemeanor, you face up to one year in county jail and a fine of up to $1,000.
Felony PC 136.1 Penalties
If you use bribery to induce the person not to testify, you will likely face charges for the felony offense of dissuading or intimidating a witness. If convicted of this crime as a felony, you face up to four years in county jail and fines of up to $10,000.
Notably, an attempt to influence a witness through bribery or other illegal means is considered a violation of this law, not a separate crime.
Also, note that intimidation can be charged as a felony if the following statements are factual:
- The defendant hired someone else to commit the crime of intimidating a witness
- The defendant has a past conviction for intimidation, witness tampering, or dissuading a witness
- A greater conspiracy was behind the intimidation
A criminal defense lawyer can stand up for you and help you avoid a felony conviction.
Are There Other Charges Like PC 136.1?
Several other criminal charges in California deal with witness intimidation. For example, you may face felony charges under:
- California Penal Code Section § 138(a) PC for riding witnesses to miss attending trials
- California Penal Code Section § 137(a) PC for using force or fear to prevent the witness from testifying
- California Penal Code Section § 422 PC for using threats of violence to influence testimony
Any of these charges for witness intimidation can result in harsh penalties, so it’s essential to develop a defense strategy quickly with help from a lawyer.
Legal Defenses to Penal Code Section 136.1 PC
The good news is that there are several legal defenses to the crime of dissuading a witness. For example, you may avoid a felony or misdemeanor conviction if a lawyer shows that:
You Acted Without Malice
You should only face a PC 136.1 conviction if the prosecution can show that you acted intentionally to dissuade or intimate a witness.
You Did Not Threaten a Witness
You may avoid jail time and other penalties if your lawyer shows that, while you threatened someone, you did not threaten a witness. However, you could still face charges for CA Penal Code 422 – Criminal Threats in this situation.
Someone Falsely Accused You
In some cases, individuals make false allegations.
It is not unfathomable for someone to accuse you of dissuading a witness as revenge for your actions. Lawyers often see this action in the case of family members and divorce matters. This prosecution must prove that you did use duress or force to influence the person not to testify.
How Does a Lawyer Resolve PC 136.1 Charges?
Depending on your circumstances, an attorney may file a CA Penal Code 995 – Motion to Dismiss to have the court set aside your charges.
The court may dismiss your charges if a lawyer shows that the prosecution has insufficient proof or if law enforcement officers violated your rights. Your attorney may also focus on reducing your charges through a plea bargain offered by the prosecution.
Plea bargains work sometimes as a way to reduce your penalties. Finally, you can count on your attorney to aggressively represent you in court if necessary.
Get Help When Accused of Dissuading or Intimidating a Witness
Whenever you face charges of dissuading a witness under CA Penal Code 136.1 – Dissauding or Intimidating a Witness, consult an experienced criminal defense lawyer. They will review the evidence against you and explore legal defense options to reduce or dismiss your charges.
Our team can help you find professionals who can handle your case. Contact us today, and let us help you find an experienced attorney who can provide a risk-free initial consultation.
